The Environmental Permitting (England and Wales) Regulations 2016

[F1 Modification of the WEEE Directive E+W

14.— (1) For the purposes of these Regulations, the WEEE Directive is to be read in accordance with this paragraph.

(2) A reference to one or more member States in a provision imposing an obligation or conferring a discretion on a member State or member States is to be read as a reference to the appropriate authority, appropriate agency or local authority which, immediately before IP completion day, was responsible for the United Kingdom's compliance with that obligation or able to exercise that discretion so far as it related to England or Wales.

(3) Article 2 is to be read as if—

(a) paragraph 2 were omitted;

(b) in paragraph 3(a), for “Member States” there were substituted “ the United Kingdom ”;

(c) paragraph 5 were omitted.

(4) Article 3(1) is to be read as if—

(a) after point (a) there were inserted—

“(aa) ‘waste’ means waste within the meaning of Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive;

(ab) ‘hazardous waste’ has the meaning given by regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;”;

(b) in point (e), “within the meaning of Article 3(1) of Directive 2008/98/EC” were omitted;

(c) in point (f)—

(i) in the words before point (i), for the words from “distance communication” to the end, there were substituted “ by means of distance communication ”;

(ii) in points (i) and (ii)—

(aa) for “a Member State” there were substituted “ the United Kingdom ”;

(bb) for “territory of that Member State” there were substituted “ United Kingdom ”;

(cc) for point (iii) there were substituted—

“(iii) is established in the United Kingdom and places on the market, on a professional basis, EEE from another country; or”;

(iii) in point (iv), in the first subparagraph —

(aa) for “a Member State” there were substituted “ the United Kingdom ”;

(bb) “Member State or in a third” were omitted;

(d) in point (j), for “a Member State” there were substituted “ the United Kingdom ”;

(e) in point (k), for “territory of a Member State” there were substituted “ United Kingdom ”;

(f) for points (m) to (o) there were substituted—

“(m) ‘medical device’ means a medical device within the meaning of regulation 2(1) or 69(1) of the Medical Devices Regulations 2002 which is EEE;

(n) ‘in vitro diagnostic medical device’ means an in vitro diagnostic medical device within the meaning of regulation 2(1) or 137 of the Medical Devices Regulations 2002 which is EEE;

(o) ‘active implantable medical device’ means an active implantable medical device within the meaning of regulation 2(1) , or the meaning determined in accordance with Schedule 9 to, of the Medical Devices Regulations 2002 which is EEE.”.

(5) Article 3(2) is to be read as if—

(a) “ ‘hazardous waste’,” were omitted;

(b) for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(6) Article 8(5) is to be read as if the second to fifth subparagraphs were omitted.

(7) Article 9 is to be read as if—

(a) in paragraph 3—

(i) “or the registration referred to in paragraphs 1 and 2” were omitted;

(ii) the words from “and for the” to the end were omitted;

(b) after paragraph 3 there were inserted—

“4.   In paragraph 3, “permit” means environmental permit.”.

(8) Annex 7 is to be read as if, in paragraph 1—

(a) in the first subparagraph—

(i) in the first indent, for the words from “Council Directive 96/59/EC ”to the end there were substituted “ the Environmental Protection (Disposal of Polychlorinated Biphenyls and other Dangerous Substances) (England and Wales) Regulations 2000 ”;

(ii) in the thirteenth indent, for the words from “Commission Directive 97/69/EC ” to the end there were substituted “ Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures ”;

(iii) in the fourteenth indent, for the words from “Article 3” to the end there were substituted “ Annex 7 to the Basic Safety Standards Directive ”;

(b) in the second subparagraph, for “Directive 2008/98/EC” there were substituted “ the Waste Framework Directive ”.

(9) Annex 8 is to be read as if, in paragraph 1, in the words before the first indent, the words from “(without prejudice” to “landfill of waste)” were omitted.

(10) In sub-paragraph (2), “local authority” has the meaning given in paragraph 4(7).

(11)  In sub-paragraph (4)(c)(i), “by means of distance communication” has the meaning given by regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000 .]

Textual Amendments

F1 Sch. 1A inserted (31.12.2020) by The Environmental Permitting (England and Wales) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/39), reg. 1, Sch. (as amended by S.I. 2019/559, regs. 1(2), 3(3); S.I. 2019/1078, regs. 1, 3; S.I. 2020/1376, regs. 1(4), 4(2); S.I. 2020/1540, regs. 1(3), 10, 13(2)); 2020 c. 1, Sch. 5 para. 1(1)